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Punjab ordered to issue divorce certificates to non-Muslims

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  • Lahore High Court directs provincial authority to frame rules within 90 days.
  • Petitioner says issue is faced by many members of Christian community.
  • NADRA’s Registration Policy allows change of marital status on basis of affidavit.

The Lahore High Court (LHC) Wednesday directed the Punjab government to frame, within 90 days, rules under which union councils would issue divorce certificates to members of Christian and other non-Muslim communities in Pakistan.

In many parts of the country, the divorce certificates are not issued to non-Muslims by union councils that instead claimed such certificates were “not issued to the Christian community.” This is an issue for members of the said community because, without a divorce certificate, they cannot request the National Database and Registration Authority (NADRA) to update their marital status while applying for the renewal of their identity cards.

The matter was brought to the attention of the LHC during the case Shumaila Sharif vs the secretary union council etc.

The petitioner in her appeal requested that the court is a writ of Mandamus — an order from a court to an inferior government official ordering the government official to properly — against the relevant union council and direct it to issue her the divorce certificate.

The case proceedings

The petition was heard on December 16 last year and the presiding judge was Judge Tariq Saleem Sheikh.

During the proceedings, the counsel of the petitioner, Advocate Umar Saeed, said that the issue was faced by several people in the Christian community and was not a one-off incident.

Citing Section 33 (1)(j) of the Punjab Local Government Act 2022 (PLGA 2022) — which mandates that union councils ensure registration of births, deaths, marriages and divorces for all the communities without discrimination — and Article 36 of the Constitution, which expressly requires the state to protect the minorities’ legitimate rights and interests, the counsel argued that by refusing to issue the requisite certificate, the council was failing to fulfil its legal duty.

Additionally, Advocate Kashif Alexander, the court’s amicus curiae on the matter, contended that obtaining a divorce certificate is a legal right that cannot be denied.

Together the two emphasise that while the Constitution of Pakistan (1973) does not explicitly guarantee the right to identity, Article 9 (right to life) and Article 14 (dignity of man) safeguard that right. Therefore, any citizen whose marital status changes due to the dissolution of marriage by divorce has a fundamental right to obtain a divorce certificate from the competent authority and then have their CNIC updated/revised.

The Additional Advocate General has little to defend the respondents and said that the provincial government was taking steps to address the complaints of the Christian community regarding the non-issuance of divorce certificates.

The verdict

During the proceedings, it was brought to the court’s attention that NADRA’s Registration Policy dated 06.04.2021 (Version 5.0.2) allowed a change of marital status of a divorcee on the basis of an affidavit in the prescribed form.

In light of this, the court directed that until the provincial government framed the requisite rules needed for the issuance of the divorce certificate by the union council, NADRA shall accommodate the Christian community in accordance with the Registration Policy 19.

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To stop begging in Saudi Arabia, Pakistan would implement a stringent Umrah regulation.

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The action, according to details, is intended to stop the begging mafia from damaging Pakistan’s reputation in the holy land.

As part of its severe efforts against beggars, the Ministry of Religious Affairs has planned to require pilgrims to sign an affidavit vowing not to beg before leaving for Umrah. Those who violate this affidavit will face strict legal action.

Umrah pilgrims will not be permitted to travel alone; they must travel in groups in order to further discourage begging. This measure ensures that pilgrims are accountable for their actions and are less likely to engage in begging.

In order to discourage begging, tour companies will also have to get pilgrims to sign affidavits.

According to sources, the administration is committed to resolving this issue because begging has damaged Pakistan’s ties with Saudi Arabia.

Four travel agents were arrested by the Federal Investigation Agency (FIA) for sending residents to Saudi Arabia to beg during raids in different parts of Multan.

Mohammad Ejaz, Ghulam, Ghulam Yaseen, and Sadiq Hussain were among the agents that were arrested, according to an FIA official.

The representative clarified that the information from previously detained people was the basis for these arrests.

The agents were allegedly sending citizens to Saudi Arabia with the purpose of begging and then collecting a share of the money earned through begging.

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These cities’ schools will reopen tomorrow as the smog subsides.

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Prior to this, the Punjab government declared that schools will be closed from November 17 to November 25.

A Punjab government announcement states that schools in the Rawalpindi Division will reopen tomorrow since the area’s air pollution has reduced following a reduction in haze.

The notice stated that schools in Rawalpindi, Jhelum, Attock, and Chakwal would reopen tomorrow.

According to reports, the level of toxic fog in Lahore and other Punjabi cities has somewhat decreased.

With an Air Quality Index (AQI) score of 497, Lahore was recognised as the second most polluted city in the world.

In the past, the district government of Lahore prohibited outdoor activities in response to the growing pollution menace.

Religious meetings are exempt, but all sports, exhibits, and activities are suspended, as is dining outside of restaurants, according to a statement released by the DC Lahore.

Additionally, stores, marketplaces, and shopping centres will close by 8 PM, however pharmacies, labs, gas stations, and supermarkets will not be affected.

Only grocery and medical departments may remain open in large department stores.

During pollution, the Deputy Commissioner of Lahore has advised residents to use masks and refrain from needless outside activities.

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SHC considers objections to the plaza’s building next to Mazar-e-Quaid

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SHC Justice Zafar Rajput said during Monday’s hearing of a petition against the unlawful construction of a plaza next to Mazar-e-Quaid that “everything has been fair in love and Pakistan.”

“Can you believe over an advertisement in Pakistani conditions?” the justice of the Sindh High Court asked during the hearing.

In Jamshed Town, the petitioner’s attorney said that an unlawful plaza was being constructed over a plot of land. “It has violated the sacredness of Quaid’s mausoleum,” the attorney stated.

The attorney argued that advertisements for the project’s booking have already been published. “What happens when advertisements are published?” the bench asked. The lawyer stated, “Layman will consider the project as lawful after these advertisements are published.”

After calling for additional arguments regarding the petition’s maintainability, the judge postponed the hearing for three weeks.

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